John Pecman
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Articles by John Pecman
Coordination, Not Conflict: Competition and Industrial Policy in a Protectionist Era
Citation John Pecman. 2026. Coordination, Not Conflict: Competition and Industrial Policy in a Protectionist Era. Intelligence Memos. Toronto: C.D. Howe Institute.
Competition Bureau Proposes New Cartel Enforcement Guidelines
Musa Mansuar’s articles from Fasken are most popular: with readers working within the Retail & Leisure industries Fasken are most popular: within Technology topic(s) with Senior Company Executives, HR and Finance and Tax Executives in Canada On July 15, 2026, the Competition Bureau (the “Bureau”) released its proposed Cartel Enforcement Guidelines (the “Guidelines”) for public consultation.
Competition Bureau Releases Proposed Enforcement Guidelines: A New Framework For Addressing Anti-Competitive Conduct And Agreements
Antonio Di Domenico’s articles from Fasken are most popular: in United States Fasken are most popular: within Law Department Performance topic(s) with Senior Company Executives, HR and Finance and Tax Executives with readers working within the Business & Consumer Services, Healthcare and Transport industries On October 31, 2025, the Competition Bureau (the "Bureau") released its draft Anti-Competitive Conduct and Agreements Enforcement Guidelines (the "Guidelines") for public consultation.
Amendments To The Competition Act Only One Step Towards A Truly Competitive Economy
This article was first published in Competition Policy International – Antitrust Chronicle on September 3, 2024; for further in-depth analysis, please visit the Antitrust Chronicle® Canada has embarked on a transformative journey to fortify its competition policy landscape, hopefully ushering in a new era of regulatory vigor and market fairness.
Does Firm Size Matter More With The Recent Amendments To The Competition Act?
The Commissioner of Competition, Matthew Boswell said in a recent speech that "it's not bad to be big" while outlining the noteworthy legislative changes to the monopolistic practices provisions of the Competition Act. He added that "companies that grow large by innovating and competing on the merits should not be punished".
Amendments To The Competition Act Only One Step Towards A Truly Competitive Economy
Canada has embarked on a transformative journey to fortify its competition policy landscape, hopefully ushering in a new era of regulatory vigor and market fairness. The recent amendments to the Competition Act mark a significant milestone in Canada's commitment to fostering a competitive marketplace that benefits consumers and businesses alike.
Amendments to the Competition Act Only One Step Towards a Truly Competitive Economy
Canada has embarked on a transformative journey to fortify its competition policy landscape, hopefully ushering in a new era of regulatory vigor and market fairness. The recent amendments to the Competition Act mark a significant milestone in Canada’s commitment to fostering a competitive marketplace that benefits consumers and businesses alike. Led by the efforts of policymakers, the Competition Bureau, and competition advocates, these reforms aim to address anti-competitive practices, enhanc ...
Canada - Antitrust, EU Competition - Further And Significant Proposed Amendments To The Competition Act In The Areas Of Merger Review, Ordinary Sales Pricing, Drip Pricing And Environmental Claims
On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the "Bill").
Competition Authorities Shining The Light On AI
The rise of Artificial Intelligence (AI) is transforming businesses around the world, offering unprecedented opportunities for innovation and economic prosperity. However, it also presents unique challenges for competition authorities tasked with ensuring fair and efficient markets.
Proposed Amendments To The Competition Act Receive First Reading In House Of Commons - Antitrust, EU Competition - Canada
On September 18, 2023, Bill C-352, which was introduced by Jagmeet Singh (leader of the NDP), had its first reading in the House of Commons (the "Singh Bill"). On September 21, 2023, Bill C-56, which was introduced by Chrystia Freeland (Deputy Prime Minister and Minister of Finance), also received its first reading in the House of Commons (the "Government Bill").
Proposed Amendments to the Competition Act receive first reading in House of Commons
On September 18, 2023, Bill C-352, which was introduced by Jagmeet Singh (leader of the NDP), had its first reading in the House of Commons (the “Singh Bill”). On September 21, 2023, Bill C-56, which was introduced by Chrystia Freeland (Deputy Prime Minister and Minister of Finance), also received its first reading in the House of Commons (the “Government Bill”).
Proposed Amendments to the Competition Act receive first reading in House of Commons
On September 18, 2023, Bill C-352, which was introduced by Jagmeet Singh (leader of the NDP), had its first reading in the House of Commons (the “Singh Bill”). On September 21, 2023, Bill C-56, which was introduced by Chrystia Freeland (Deputy Prime Minister and Minister of Finance), also received its first reading in the House of Commons (the “Government Bill”).
Buyer Beware! Aggressive Competition Watchdogs Trying to Block More International Deals – a cautionary tale from the Illumina-GRAIL merger challenge
In an unprecedented intervention by the European Commission (EC), the EC recently asserted jurisdiction over and challenged a United States-based merger that falls below the filing thresholds of the EC and each and every European Union Member State. This action threatens to subject future merger transactions with no material connection to European commerce to merger control by the EC.
Buyer Beware! Aggressive Competition Watchdogs Trying to Block More International Deals - a cautionary tale from the Illumina-GRAIL merger challenge
In an unprecedented intervention by the European Commission (EC), the EC recently asserted jurisdiction over and challenged a United States-based merger that falls below the filing thresholds of the EC and each and every European Union Member State. This action threatens to subject future merger transactions with no material connection to European commerce to merger control by the EC.
Calvin Goldman - Concurrences
The Law Office of Calvin Goldman, Q.C. (Toronto) Partner Cal Goldman’s practice encompasses Canadian and international matters before the Competition Bureau, as well as foreign investment reviews under the Investment Canada Act. Cal has acted as counsel in a number of leading competition law and foreign investment review cases in Canada, including competition cases before the Supreme Court of Canada.
John Pecman - Concurrences
John Pecman is a Senior Business Advisor in the Antitrust/Competition & Marketing group. With over 34 years of experience enforcing Canada’s Competition Act, John served from June 2013 as the Commissioner of Competition of the Competition Bureau Canada for a five-year term.
"Canada Needs More Competition": Competition Bureau Releases Its Retail Grocery Market Study Report
On June 27, 2023, the Competition Bureau (the "Bureau") released its "Retail Grocery Market Study Report" (the "Report"). The Report is the result of the October 24, 2022 announcement by the Bureau that it would conduct a study of grocery store competition in Canada. The Report observes that grocery prices have been rising and suggests this is in part because Canada's grocery industry is concentrated and has high entry barriers.
“Canada Needs More Competition”: Competition Bureau Releases its Retail Grocery Market Study Report
On June 27, 2023, the Competition Bureau (the “Bureau”) released its “Retail Grocery Market Study Report” (the “Report”). The Report is the result of the October 24, 2022 announcement by the Bureau that it would conduct a study of grocery store competition in Canada. The Report observes that grocery prices have been rising and suggests this is in part because Canada’s grocery industry is concentrated and has high entry barriers.
“Canada Needs More Competition”: Competition Bureau Releases its Retail Grocery Market Study Report
On June 27, 2023, the Competition Bureau (the “Bureau”) released its “Retail Grocery Market Study Report” (the “Report”). The Report is the result of the October 24, 2022 announcement by the Bureau that it would conduct a study of grocery store competition in Canada. The Report observes that grocery prices have been rising and suggests this is in part because Canada’s grocery industry is concentrated and has high entry barriers.
Canada Should Avoid Costly Ex Ante Regulation of Digital Markets
In the March 30, 2023 comments submitted by Fasken[1] in response to the Government of Canada’s consultation and discussion paper[2] on the Future of Competition Policy in Canada (the “Discussion Paper”), significant concerns are raised about any amendments that move away from identifying anti-competitive conduct through evidence-based assessment of its effects and which would establish ex ante regulation to place blanket prohibitions on certain types of conduct by certain firms.
Canada Should Avoid Costly Ex Ante Regulation of Digital Markets
In the March 30, 2023 comments submitted by Fasken[1] in response to the Government of Canada’s consultation and discussion paper[2] on the Future of Competition Policy in Canada (the “Discussion Paper”), significant concerns are raised about any amendments that move away from identifying anti-competitive conduct through evidence-based assessment of its effects and which would establish ex ante regulation to place blanket prohibitions on certain types of conduct by certain firms.
Beware Ex Ante Regulation: Introducing “Cut and Paste” Ex Ante Regulations in Canada Against Select Big Tech Companies is Just Bad Economic and Legislative Policy
This paper examines the international and Canadian debate around ex ante regulations for Big Tech platform companies. The paper explores the need for and costs associated with ex ante regulation and concludes that pursuing such regulations in Canada would be ill-advised. While some argue that ex ante regulation is necessary to prevent market failure and protect incentives for innovation, this paper contends that no empirical evidence has been offered with respect to actual market failure.
Administration and Enforcement of the Law - Does the Government intend to give the Competition Bureau a stronger enforcement regime?
As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”).
Administration and Enforcement of the Law - Does the Government intend to give the Competition Bureau a stronger enforcement regime?
As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”).
Rapid Passage Of Competition Act Amendments Through Budget Implementation Act Process Can Cause More Harm Than Good - Antitrust, EU Competition - Canada
The Trudeau government's plan for a quick and easy win on competition law reform owing to public pressure to tame the large digital platforms will result in significant changes to the Competition Act being pushed through with little to no scrutiny because there is not enough time to properly consult and debate the proposed reforms under the Budget Implementation Act ("BIA") process.
Rapid passage of Competition Act amendments through Budget Implementation Act process can cause more harm than good
The Trudeau government’s plan for a quick and easy win on competition law reform owing to public pressure to tame the large digital platforms will result in significant changes to the Competition Act being pushed through with little to no scrutiny because there is not enough time to properly consult and debate the proposed reforms under the Budget Implementation Act (“BIA”) process.
Significant Amendments To Competition Act Coming Soon
Recognizing the critical role of the Competition Act (the "Act") in promoting dynamic and fair markets, Canada's Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully evaluate potential ways to improve its operation.
Significant Amendments to Competition Act Coming Soon
Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully evaluate potential ways to improve its operation.
John Pecman: Knee-jerk antitrust reform may worsen inflation
Many proposed reforms would bring back outdated views about big business and stoke inflation rather than extinguish it Shoppers leave Longo’s grocery store in Oakville on Jan. 19, 2022. Photo by Peter J Thompson/National Post files Article content Reformers have long called for amendments to Canada’s competition laws to cure economic ills ranging from concerns about large technology companies to economic inequality. The current inflation is giving them a political moment.
John Pecman: Knee-jerk antitrust reform may worsen inflation
Many proposed reforms would bring back outdated views about big business and stoke inflation rather than extinguish it Shoppers leave Longo’s grocery store in Oakville on Jan. 19, 2022. Photo by Peter J Thompson/National Post files Article content Reformers have long called for amendments to Canada’s competition laws to cure economic ills ranging from concerns about large technology companies to economic inequality. The current inflation is giving them a political moment.
John Pecman: Knee-jerk antitrust reform may worsen inflation
Many proposed reforms would bring back outdated views about big business and stoke inflation rather than extinguish it Shoppers leave Longo’s grocery store in Oakville on Jan. 19, 2022. Photo by Peter J Thompson/National Post files Article content Reformers have long called for amendments to Canada’s competition laws to cure economic ills ranging from concerns about large technology companies to economic inequality. The current inflation is giving them a political moment.
Fasken's Forecast For 2022 And Beyond: 2021's Top 10 Trends In Canadian Competition, Marketing & Foreign Investment Law And What Businesses Should Expect In 2022 - Anti-trust/Competition Law - Canada
To print this article, all you need is to be registered or login on Mondaq.com. Competition, marketing and foreign investment law saw a number of changes in the past year. Many of these changes were in response to the continuing COVID-19 pandemic, which has significantly changed the way Canadians, businesses and government agencies operate.
Fasken’s Forecast for 2022 and Beyond: 2021’s Top 10 Trends in Canadian Competition, Marketing & Foreign Investment Law and what Businesses should expect in 2022
Competition, marketing and foreign investment law saw a number of changes in the past year. Many of these changes were in response to the continuing COVID-19 pandemic, which has significantly changed the way Canadians, businesses and government agencies operate. Despite the pandemic, the Competition Bureau (the “Bureau”) has actively continued its enforcement activity and provided a number of guidance documents to help businesses stay onside the Competition Act (the “Act”).
Post-Election Priorities - Will A Competition Policy Review Make The Cut? - Anti-trust/Competition Law - Canada
Canada: Post-Election Priorities – Will A Competition Policy Review Make The Cut? 04 November 2021 Fasken Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Surprisingly, the economy did not take centre stage in the recent federal government election. Rather, the limelight was on the government's pandemic performance and the growing government intervention in all aspects of our lives.
Post-Election Priorities – Will a Competition Policy Review make the Cut? - LexBlog
Surprisingly, the economy did not take centre stage in the recent federal government election. Rather, the limelight was on the government’s pandemic performance and the growing government intervention in all aspects of our lives. Canadians, it seems, were not ready to turn the channel from their binge watching of the governments’ pandemic caretaking.
Pandemic Hero Pay Puts Competition Law In The Spotlight
To print this article, all you need is to be registered or login on Mondaq.com. Capital Perspectives - Newsletter The large supermarket chains' joint pull back of pandemic "hero pay" from their hourly workers in June 2020 triggered a hearing surrounding this event by the House of Commons Standing Committee on Industry, Science and Technology (Industry Committee) and an investigation by the Competition Bureau.
In Comity We Trust: Utilizing International Comity to Strengthen International Cooperation and Enforcement Convergence in Multijurisdictional Matters
Competition authorities across the world have taken increasingly divergent enforcement approaches, including in respect of the conduct of companies involved in the high technology and digital markets. New regulatory developments may further accentuate such divergence, increasing the risk of inefficient and conflicting regulatory efforts.
Competition Bureau Continues To Promote International Cooperation In Enforcement – Enters Into A Cooperation Agreement With Five Eyes Counterparts - Anti-trust/Competition Law - Canada
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Competition Bureau Continues to Promote International Cooperation in Enforcement – Enters into a cooperation agreement with Five Eyes Counterparts | LexBlog
Canada’s Competition Bureau (the “Bureau”) recently signed a new competition enforcement agreement, the Multilateral Mutual Assistance and Cooperation Framework for Competition Authorities (“MMAC”), with competition authorities in the U.S., the U.K., Australia and New Zealand.
Competition Bureau Continues to Promote International Cooperation in Enforcement – Enters into a cooperation agreement with Five Eyes Counterparts | Competition chronicle
Canada’s Competition Bureau (the “Bureau”) recently signed a new competition enforcement agreement, the Multilateral Mutual Assistance and Cooperation Framework for Competition Authorities (“MMAC”), with competition authorities in the U.S., the U.K., Australia and New Zealand.
Antitrust/Competition, Foreign Investment And Marketing Law Implications Of The COVID-19 Response: Practical Guidance For Business
To print this article, all you need is to be registered or login on Mondaq.com. Canada's antitrust/competition, marketing and foreign investment laws continue to apply despite the global health and economic crisis arising from COVID-19. However, the enforcement of these laws are being significantly impacted by the COVID-19 response. These developments are fast moving and change almost daily. Fasken's continues to monitor these developments very closely.
Antirust/Competition, Foreign Investment and Marketing Law Implications of the COVID-19 Response: Practical Guidance for Business
Canada’s antitrust/competition, marketing and foreign investment laws continue to apply despite the global health and economic crisis arising from COVID-19. However, the enforcement of these law are being significantly impacted by the COVID-19 response. These developments are fast moving and change almost daily. Fasken’s continues to monitor these developments very closely.
Essential Facilities Fallacy: Big Tech, Winner-Take-All Markets, and Anticompetitive Effects
There have been calls to treat data as an essential facility to reduce barriers to entry in the digital economy where a “winner-take-all” dynamic is often present. In such markets, traditional enforcement may fail to enjoin conduct, or an acquisition, that lowers welfare in expectation because anticompetitive effects, regardless of their magnitude, are given no weight if deemed unlikely to occur.
Dethroning The Digital Platform Champions
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Dethroning the Digital Platform Champions
Earlier this month, John Pecman published a highly topical article in Competition Policy International on the dominance and durable market power that Big Tech companies are said to have in today’s economy and on the responses from international competition agencies titled “Dethroning the Digital Platform Champions”. “One has to applaud the success of the so-called “Tech Superstars”, often referred to as “GAFA” (Google, Amazon, Facebook, Apple).
Dethroning the Digital Platform Champions
By John Pecman (Fasken)1 One has to applaud the success of the so-called “Tech Superstars”, often referred to as “GAFA” (Google, Amazon, Facebook, Apple). The great innovations they have developed for consumers and businesses alike contribute significantly to Canada’s gross national well-being.
Former Antitrust Regulator
Regulation April 22, 2019 Calls for regulating companies like Amazon, Facebook, and Google out of existence are misguided, says Canada's former competition commissioner. The author is a former Commissioner of Competition for the Canadian Competition Bureau.
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